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CHAPTER 5A-OFFICE OF ACQUISITION POLICY, GENERAL SERVICES

ADMINISTRATION

Part 5A-1 5A-2 5A-3 5A-7 5A-16 5A-71 5A-72 5A-73 5A-74 5A-76

General..............
Procurement by formal advertising .......
Procurement by negotiation........
Contract clauses....
Procurement forms
Procurement of nonstock/nonschedule items
Procurement of stock items...............
Federal supply schedule program
Special purchase programs....
Exhibits ......

Page 540 587 619 630 656 658 660 684 715 724

PART 5A-1-GENERAL

Sec. 5A-1.000 Scope of part.

Subpart 5A-1.1-Introduction

5A-1.101 Scope of subpart. 5A-1.102 Purpose. 5A-1.103 Authority. 5A-1.104 Applicability. 5A-1.105 Exclusions. 5A-1.106 Issuance. 5A-1.107 Arrangement. 5A-1.107-1 General plan. 5A-1.107-2 Numbering. 5A-1.107-3 Citation. 5A-1.107-4 Cross-references. 5A-1.108 [Reserved). 5A-1.109 Deviation.

Sec. 5A-1.352-1 Contracts required to be num

bered. 5A-1.352-2 Numbering system. 5A-1.352-3 Numbering of small contracts. 5A-1.352-4 Contract Register. 5A-1.370 Warranties. 5A-1.370-1 General. 5A-1.370-2 Policy. 5A-1.370-3 Use of a warranty. 5A-1.370-4 Warranty clause for supply

contracts. 5A-1.370-5 Warranty statement in pur

chase orders. 5A-1.371 Notification of proposed substan

tial awards and awards involving con

gressional interest. 5A-1.372–5A-1.374 [Reserved) 5A-1.375 Forms for recommending

award(s). 5A-1.376 Options. 5A-1.376-1 Applicability. 5A-1.376-2 Exercise of options.

Subpart 5A-1.2-Definition of Terms

5A-1.250 Procuring director.

Subpart 5A-1.3—General Policies

Subpart 5A-1.4-Procurement Responsibility

and Authority

5A-1.402 Authority of contracting officers. 5A-1.402–70 General responsibility of con

tracting officers. 5A-1.402-71 Responsibility for assuring the

availability of funds. 5A-1.402-72 Applicable penal statutes. 5A-1.404 Selection, designation, and termi

nation of designation of contracting offi

cers. 5A-1.404-2 Designation. 5A-1.404-3 Termination of appointment of

contracting officer. 5A-1.404-70 Contracting officers' repre

sentatives. 5A-1.450 Participation of legal counsel in

the procurement process.

5A-1.305 Specifications. 5A-1.305-2 Exceptions to mandatory use of

Federal specifications. 5A-1.305-3 Deviations from Federal speci

fications. 5A-1.305-6 Military and departmental

specifications. 5A-1.305-50 Use and availability of specifi

cations and standards. 5A-1.305-70 Processing waivers and devi.

ations. 5A-1.306 Standards. 5A-1.307 Purchase descriptions. 5A-1.307-1 Applicability. 5A-1.307-4 Brand name products or equal. 5A-1.307-5 Limitations on use of "brand

name or equal" purchase descriptions. 5A-1.307-6 Invitations for bids, "brand

name or equal” descriptions. 5A-1.307-7 Bid evaluation and award,

"brand name or equal” descriptions. 5A-1.311 Priorities, allocations, and allot

ments. 5A-1.315 Use of liquidated damages provi.

sions in procurement contracts. 5A-1.315-2 Policy. 5A-1.316 Time of delivery or performance. 5A-1.316-2 General. 5A-1.316-3 Factors to be considered. 5A-1.316-4 Terms. 5A-1.316-5 Time of delivery clauses. 5A-1.317 Noncollusive bids and proposals. 5A-1.318 Disputes clause. 5A-1.318-1 Contracting officer's decision

under the Disputes clause. 5A-1.350 Advance notices of contract

award. 5A-1.352 Contract numbering.

Subpart 5A-1.5-Contingent Fees

5A-1.507 Use of Standard Form 119.

Subpart 5A-1.7-Small Business Concerns

5A-1.700 General. 5A-1.701-8 Class set-asides for small busi

ness concerns. 5A-1.703-2 Protest regarding small busi

ness status. 5A-1.704 Agency program direction and op

erations. 5A-1.704-1 Program direction. 5A-1.704-2 Program operations. 5A-1.706 Procurement set-asides for small

business. 5A-1.706-1 General. 5A-1.706-5 Total set-asides. 5A-1.706-6 Partial set-asides.

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Subpart 5A-1.9—Reporting Possible Antitrust

Violations

5A-1.901 General. 5A-1.902 Documents to be transmitted.

Subpart 5A-1.10—Publicizing Procurement

Actions

5A-1.1003 Synopses of proposed procure

ments. 5A-1.1003-1 Department of Commerce syn

opses. 5A-1.1003-7 Preparation and transmittal. 5A-1.1003–70 Synopses of amendments to

solicitations for offers. 5A-1.1004 Synopses of contract awards. 5A-1.1004-1 Preparation and transmittal. 5A-1.1007 Responsibility for conformance

with synopsizing program.

Subpart 5A-1.50—Report 5A-1.5000 Scope of subpart. 5A-1.5001 (Reserved) 5A-1.5004 Synopses of proposed procure

ments. 5A-1.5005 Synopses of contract awards. 5A-1.5009 Report of identical bids. 5A-1.5010 Notice of award of contracts

subject to the Walsh-Healey Public Con

tracts Act. 5A-1.5071 Reporting possible antitrust vio

lations. 5A-1.5074 Report of vendor performance. 5A-1.5075 Contingent or other fees. 5A-1.5082 Aid to labor surplus areas. 5A-1.5083 Unordered contract guaranteed

quantities. 5A-1.5083-1 Submission. 5A-1.5083-2 Form. 5A-1.5083-3 Reports control. 5A-1.5083-4. Instructions.

Subpart 5A-1.11-Qualified Products 5A-1.1101 Procurement of qualified prod

ucts. 5A-1.1101-70 Solicitations. 5A-1.1101-71 Waiver of qualification re

quirement.

Subpart 5A-1.54—Products or Services

Presented for Procurement Consideration 5A-1.5400 Scope of subpart. 5A-1.5401 Policy. 5A-1.5402 Definitions. 5A-1.5403 Initial referral of inquiries. 5A-1.5404 Processing of inquiries. 5A-1.5405 Processing of completed applica

tion forms.

Subpart 5A-1.12—Responsible Prospective

Contractors

5A-1.1205 Procedures for determining re

sponsibility of prospective contractors. 5A-1.1205-2 When information will be ob

tained. 5A-1.1205-4 Preaward surveys. 5A-1.1206 Subcontractor responsibility.

Subpart 5A-1.71-Criteria for Determining

Method of Supply

Subpart 5A-1.13—Minority Business

Enterprises 5A-1.1310 Subcontracting with minority

business enterprises.

5A-1.7101 General. 5A-1.7102 Definition of use point. 5A-1.7103 Basic criteria. 5A-1.7104 Purchase for storage and issue. 5A-1.7105 Consolidated purchase for direct

delivery. 5A-1.7106 Purchase through indefinite de

livery type contracts.

Sec.

8 5A-1.102 Purpose. 5A-1.7107 Local purchase.

This subpart establishes the General

Services Administration Procurement Subpart 5A-1.72—Public Relations

Regulations (GSPR 5A) which, to5A-1.7201 Visitors to procurement activi. gether with the FPR and GSPR 5 ties.

govern the procurement by GSA of

personal property and nonpersonal Subpart 5A-1.73—Preparation and Distribution

services (other than covered by GSPR of Contract Documents

5B). 5A-1.7301 Purchase order forms. 5A-1.7301-1 General

8 5A-1.103 Authority. 5A-1.7301-2 Consolidated purchases.

The General Services Administra5A-1.7301-3 Purchase order numbering. tion Procurement Regulations (GSPR 5A-1.7302 Standard Form 33, Solicitation,

5A) are prescribed by the Assistant Offer, and Award.

Administrator for Acquisition Policy 5A-1.7303 Contracts.

in Chapter 5A, Title 41, Code of Feder5A-1.7304 Bills of lading.

al Regulations, under the authority of

the Federal Property and AdministraSubpart 5A-1.74-Control of Procurement

tive Services Act of 1949, as amended, Transactions

with the assistance of the Commis5A-1.7401 Processing and control of requi- sioner, Federal Supply Service (FSS), sitions.

and the Commissioner, Automated

Data and Telecommunications Service Subpart 5A-1.75—(Reserved)

(ADTS). Subpart 5A-1.76—[Reserved)

85A-1.104 Applicability. AUTHORITY: Sec. 205(c), 63 Stat. 390 (40 (a) GSPR 5A applies to all purchases U.S.C. 486(c)) and 41 CFR 5-1.101(c).

and contracts for the procurement of SOURCE: 32 FR 9402, June 30, 1967, unless personal property and nonpersonal otherwise noted.

services (other than covered by GSPR

5B). GSPR 5B pertains to contracts 8 5A-1.000 Scope of part.

for leases of space (to the extent speThis part describes the method by

cifically provided) and nonpersonal which the General Services Adminis

services (involving construction, architration implements and supplements

tects and engineers, and building servthe Federal Procurement Regulations

ices). (FPR) and the General Services Ad

(b) GSPR 5A implements and supministration Procurement Regulations plements GSPR 5 and the FPR and is (GSPR 5) for the procurement of per

part of the Federal Procurement Reg. sonal property and nonpersonal serv

ulations System. Amendments pubices. It contains policies and proce

lished in GSPR 5 or the FPR become dures which implement and supple

effective throughout GSA on the efment Part 1-1 of the FPR and Part 5- fective date of the particular amend1 of the GSPR.

ment. The GSPR 5 or the FPR gener

ally will not be repeated, paraphrased, (44 FR 29670, May 22, 1979)

or otherwise restated in GSPR 5A.

(c) Implementing regulations are Subpart 5A-1.1- Introduction those which expand upon related

GSPR 5 and FPR policies and proceSOURCE: 44 FR 29670, May 22, 1979, unless dures. Supplementing regulations are otherwise noted.

those for which there are no counter

parts in GSPR 5 and the FPR. 8 5A-1.101 Scope of subpart.

(d) Regulations in GSPR 5A may deThis subpart sets forth introductory viate from a GSPR 5 or FPR provision information pertaining to the General when a deviation (see 5A-1.109) is exServices Administration Procurement plicitly authorized. When GSPR 5A Regulations (GSPR 5A).

contains no regulations which imple

ment GSPR 5 or the FPR, the GSPR 5 and/or the FPR will govern.

Government Printing Office, Washington, DC 20402.

(c) GSPR 5A is issued in loose-leaf form on blue paper stock.

8 5A-1.107 Arrangement.

8 5A-1.105 Exclusions.

(a) Certain procurement policies and procedures which come within the scope of this GSPR 5A nevertheless may be excluded when justified. These exclusions include the following categories:

(1) Subject matter which bears a security classification.

(2) Policies or procedures which are expected to be effective for a period of less than 6 months.

(3) Policies and procedures which are effective on an experimental basis for a reasonable period.

(4) Policies or procedures pertaining to other functions of GSA as well as to procurement functions and there is need to make the directive available simultaneously to all employees concerned.

(5) When speed of issuance is essential, numerous changes are required, and all necessary changes cannot be made promptly. Policies and procedures under paragraph (a) (1), (2), (3), and (5) of this section, will be handled on an informal basis by the Assistant Administrator for Acquisition Policy.

(b) Procurement policies and procedures issued in other than the FPR System format under paragraphs (a) (4) and (5) of this section will be codified in GSPR 5A at the earliest practicable date.

(c) One copy of each locally issued procurement policy and/or procedure shall be furnished to the General Services Administration (APR), Washington, DC 20405.

or

8 5A-1.107-1 General plan.

GSPR 5A is divided into parts, subparts, sections, subsections, and further subdivisions as necessary. 8 5A-1.107-2 Numbering.

(a) The numbering system used in GSPR 5A conforms to the FPR System (see § 1-1.007-2). A particular policy or procedure is identified by the same number in GSPR 5 or the FPR, except that the first digit-letter which appears is 5A.

(b) When 5A implements a part, subpart, section or subsection of GSPR 5 or the FPR, the implementing part, subpart, section, subsection of GSPR 5A is numbered (and captioned) to correspond to the FPR or GSPR 5 part, subpart, section, or subsection.

(c) When GSPR 5A supplements GSPR 5 or the FPR and thus deals with subject matter not contained in GSPR 5 or the FPR, numbers in the group 50 through 89 will be assigned to the supplementing part, subpart, section, or subsection.

(d) When the subject matter contained in a part, subpart, section, or subsection of GSPR 5 or the FPR requires no implementation, GSPR 5A will contain no corresponding part, subpart, section, or subsection. Thus, there may be gaps in GSPR 5A series of part, subpart, section, or subsection numbers. In such cases, reference must be made to the GSPR 5 or the FPR for applicable policies and procedures.

8 5A-1.106 Issuance.

(a) GSPR 5A regulations deemed necessary for business concerns and others to do business with GSA are published in the Federal Register. Related policies and procedures also may be published in the Federal Register.

(b) GSPR 5A regulations which are published in the Federal Register will appear in cumulative form in Chapter 5A, Title 41, Code of Federal Regulations, and may be purchased from the Superintendent of Documents, U.S.

8 5A-1.107-3 Citation.

(a) In formal documents, such as legal briefs, citations of GSPR 5A material shall include an appropriate reference to Title 41, of the Code of Federal Regulations: e.g., "41 CFR when the material has been published in the Federal Register.

(b) Any section of GSPR 5A, for purpose of brevity, may be informally identified as “GSPR 5A" followed by

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